Guthrie v. Russell
Supreme Court of Iowa
Appeal from Jasper District Court. Action in equity to recover upon a covenant of warranty in a deed against incumbrances, and to enforce a lien for the amount recoverable. The defendant, James H. Eussell, and his wife, Amelia Eussell, conveyed to the plaintiff, with a covenant against incumbrance, sixty acres of land.
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Appeal from Jasper District Court. Action in equity to recover upon a covenant of warranty in a deed against incumbrances, and to enforce a lien for the amount recoverable. The defendant, James H. Eussell, and his wife, Amelia Eussell, conveyed to the plaintiff, with a covenant against incumbrance, sixty acres of land. Their title was derived through the foreclosure of a mortgage; and was not perfect in this, that , at the time of the foreclosure there was a junior incumbrancer who was not made a party. After the foreclosure, and after .an execution sale of the premises, and the sale and…
1Opinion of the CourtAdams, J.
In this case the deed containing the covenant sued on conveyed an interest which was paramount to the incumbrance. That interest, it appears, was of the value of $1481.57. The amount necessary to be paid by the junior incumbrancer to redeem was $1681.57, but that covered improvements made by the plaintiff. What the plaintiff bought of the defendants was worth, according to the evidence, about $200 less. The plaintiff then paid $1200 and acquired an interest paramount to all others, worth $1481.57. To extinguish an incumbrance junior to it he paid, as we will assume, $378, or gave property of…
2Cases cited4 opinions
- Staats v. Executors of Ten EyckNew York Supreme Court · 1805
- Brandt v. FosterSupreme Court of Iowa · 1857
- Knadler v. SharpSupreme Court of Iowa · 1873
- Grant v. . TallmanNew York Court of Appeals · 1859
3Cited by9 opinions
- Bremhorst v. Phillips Coal Co.Supreme Court of Iowa · 1927
- Newburn v. LucasSupreme Court of Iowa · 1904
- McCord v. MasseyIllinois Supreme Court · 1895
- Fletcher v. ChamberlinSupreme Court of New Hampshire · 1881
- Wragg v. MeadSupreme Court of Iowa · 1903
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